17 Leave to appeal to this Court was granted ([1996] 2 S.C.R. vi) and the following constitutional questions were stated: 1 Does the definition of "benefits" in s. 1 of the Medicare Protection Act, S.B.C. 1992, c. 76, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to include medical interpreter services for the deaf? 2 If the answer to question 1 is yes, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? 3 Do ss. 3, 5 and 9 of the Hospital Insurance Act, R.S.B.C. 1979, c. 180, and the Regulations enacted pursuant to s. 9 of that Act, infringe s. 15(1) of the Canadian Charter of Rights and Freedoms by failing to require that hospitals in the Province of British Columbia provide medical interpreter services for the deaf? 4 If the answer to question 3 is yes, is the infringement demonstrably justified in a free and democratic society pursuant to s. 1 of the Canadian Charter of Rights and Freedoms? Issues 18 There are four principal issues to be considered in this appeal. First, it must be determined whether, and in what manner, the Charter applies to the decision not to provide sign language interpreters for the deaf as part of the publicly funded scheme for the provision of medical care. Second, the Court must decide whether this decision constitutes a prima facie violation of s. 15(1) of the Charter. Having found such a violation, it must be determined whether it is saved by s. 1. After concluding that it is not, an appropriate remedy must be crafted. Application of the Charter 19 There are two distinct Charter "application" issues in this case. The first is to identify the precise source of the alleged s. 15(1) violations. As I will develop later, in my view it is not the impugned legislation that potentially infringes the Charter. Rather, it is the actions of particular entities -- hospitals and the Medical Services Commission -- exercising discretion conferred by that legislation that does so. The second question is whether the Charter applies to those entities. In my view, the Charter applies to both in so far as they act pursuant to the powers granted to them by the statutes. I deal with each of these questions in turn. The Sources of the Alleged Charter Violations 20 Section 32(1)(b) of the Charter reads as follows: 32. (1) This Charter applies ...